S02171 Summary:

BILL NOS02171
 
SAME ASSAME AS A01408
 
SPONSORBAILEY
 
COSPNSRADDABBO, BENJAMIN, BIAGGI, HOYLMAN, KRUEGER, MONTGOMERY, PARKER, PERSAUD, SAVINO, SERRANO
 
MLTSPNSR
 
Amd §130.00, Pen L
 
Relates to re-defining the term physically helpless to mean an individual who is physically unable to communicate affirmative consent through words or clear actions that offer permission and a willingness to engage in sexual activity.
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S02171 Actions:

BILL NOS02171
 
01/23/2019REFERRED TO CODES
05/29/20191ST REPORT CAL.977
05/30/20192ND REPORT CAL.
06/03/2019ADVANCED TO THIRD READING
06/20/2019COMMITTED TO RULES
01/08/2020REFERRED TO CODES
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S02171 Committee Votes:

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S02171 Floor Votes:

There are no votes for this bill in this legislative session.
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S02171 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2171
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 23, 2019
                                       ___________
 
        Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, HOYLMAN, KRUEGER, PARKER,
          SAVINO  --  read  twice  and  ordered  printed, and when printed to be
          committed to the Committee on Codes
 
        AN ACT to amend the penal law, in  relation  to  re-defining  physically
          helpless
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.   Subdivision 7 of section  130.00  of  the  penal  law  is
     2  amended to read as follows:
     3    7. "Physically helpless" means that a person is unconscious or for any
     4  other  reason is physically unable to communicate [unwillingness] affir-
     5  mative consent to an act. Such affirmative consent is a knowing,  volun-
     6  tary,  and  mutual  decision  among all participants to engage in sexual
     7  activity. Consent can be given by words or actions,  as  long  as  those
     8  words or actions create clear permission regarding willingness to engage
     9  in the sexual activity.
    10    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01806-01-9
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